GB News Prevails in High Court Challenge Against Ofcom Rulings
The judicial review overturns Ofcom's findings regarding shows hosted by Jacob Rees-Mogg, marking a significant legal precedent.
GB News has successfully contested decisions made by Ofcom, the UK broadcasting regulator, regarding two shows hosted by Sir Jacob Rees-Mogg, resulting in a High Court ruling that declared Ofcom's assessments unlawful.
This marks the first instance in which Ofcom has lost a judicial review of its rulings.
The judgment, delivered by Mrs Justice Collins Rice, highlighted that Ofcom's initial findings, which stated that broadcasts on 9 May and 13 June 2023 breached standards of "due impartiality and due accuracy in news," were unjustified.
The ruling emphasized that Ofcom had misapplied Rule 5.3 of its code, which pertains solely to news programmes and does not extend to current affairs shows.
GB News CEO Angelos Frangopoulos remarked that the outcome reinforces the channel's commitment to free speech principles in the UK and urged the government and Parliament to assess the implications of Ofcom's procedural missteps.
Following the court's decision, it was indicated that Ofcom’s rulings on the contested shows would be reviewed and reconsidered.
The judge's decision specifically noted the need for clarity surrounding the application of the broadcasting code in relation to politicians' involvement in current affairs programming.
According to Ofcom’s regulations, politicians are generally prohibited from acting as newsreaders, interviewers, or reporters in news programming unless there is exceptional editorial justification.
However, the regulations permit politicians to host current affairs shows.
At the time of the broadcasts in question, Sir Jacob served as the Conservative MP for North East Somerset.
Ofcom's investigations concluded that during the programmes, the hosts acted in roles that resembled those of news presenters or reporters, particularly during segments that reported breaking news events, leading to allegations of a lack of due impartiality in the presentation of news.
GB News responded to Ofcom's initial findings, asserting that they contradicted established legal precedents and raised significant concerns regarding the regulator's enforcement of its own rules.
In its latest statement, Ofcom acknowledged the court's guidance, indicating that it would undertake a review of the broadcasting code to clarify the restrictions on politicians presenting news across all program formats.
Following the court's ruling, it was also revealed that Ofcom is liable for covering the legal costs incurred by GB News during this legal challenge.
This marks the first instance in which Ofcom has lost a judicial review of its rulings.
The judgment, delivered by Mrs Justice Collins Rice, highlighted that Ofcom's initial findings, which stated that broadcasts on 9 May and 13 June 2023 breached standards of "due impartiality and due accuracy in news," were unjustified.
The ruling emphasized that Ofcom had misapplied Rule 5.3 of its code, which pertains solely to news programmes and does not extend to current affairs shows.
GB News CEO Angelos Frangopoulos remarked that the outcome reinforces the channel's commitment to free speech principles in the UK and urged the government and Parliament to assess the implications of Ofcom's procedural missteps.
Following the court's decision, it was indicated that Ofcom’s rulings on the contested shows would be reviewed and reconsidered.
The judge's decision specifically noted the need for clarity surrounding the application of the broadcasting code in relation to politicians' involvement in current affairs programming.
According to Ofcom’s regulations, politicians are generally prohibited from acting as newsreaders, interviewers, or reporters in news programming unless there is exceptional editorial justification.
However, the regulations permit politicians to host current affairs shows.
At the time of the broadcasts in question, Sir Jacob served as the Conservative MP for North East Somerset.
Ofcom's investigations concluded that during the programmes, the hosts acted in roles that resembled those of news presenters or reporters, particularly during segments that reported breaking news events, leading to allegations of a lack of due impartiality in the presentation of news.
GB News responded to Ofcom's initial findings, asserting that they contradicted established legal precedents and raised significant concerns regarding the regulator's enforcement of its own rules.
In its latest statement, Ofcom acknowledged the court's guidance, indicating that it would undertake a review of the broadcasting code to clarify the restrictions on politicians presenting news across all program formats.
Following the court's ruling, it was also revealed that Ofcom is liable for covering the legal costs incurred by GB News during this legal challenge.
